Our client, Sarah*, did what anyone frightened for their safety is told to do. After her husband became violent one evening, she called the police.
However, when police officers arrived, they treated her as the aggressor. Officers arrested Sarah, a woman in her sixties, and held her in a police cell for hours.
This is how we brought a false imprisonment claim against the State of New South Wales, and won a judgment in her favour.
Domestic Violence Victim Suffered False Arrest
Following a verbal altercation, Sarah’s husband followed her into the house despite her attempts to keep him out. He then pushed her into a bedroom and repeatedly struck her. Fearing for her safety, Sarah called the police that evening to report the assault.
She was doing exactly what victims of family violence are urged to do: pick up the phone and ask for protection from the police.
The False Arrest By NSW Police
When police attended the scene, they spoke with her husband and formed the view that Sarah was the one who had committed a domestic assault. They arrested her, not him.
She was taken to a police station and held for roughly six* hours. She was charged with a domestic-violence-related common assault, granted bail, and an apprehended domestic violence order was made against her. Her husband was not charged in relation to the incident.
While in custody, she reported that she had been injured. Sarah later sought medical treatment, which documented injuries consistent with soft tissue trauma.
The Claim We Brought Against Police For False Arrest
In court, the criminal charge did not survive. After representations were made on her behalf, the common assault charge against her was withdrawn and dismissed in the Local Court.
With the charge gone, we commenced civil proceedings against the State of New South Wales, which is legally responsible for the conduct of its police officers. The claim was for false imprisonment, assault and battery.
The core of the case was straightforward: a person cannot be lawfully arrested and detained without a proper basis for it. We said there was no proper basis here, and that our client had been deprived of her liberty when she should never have been arrested at all.
Suing NSW Police For Assault
We built the case on what the record actually showed. Our client had called the police for protection. The criminal charge brought against her had already been withdrawn and dismissed. Her injuries were documented in her medical records.
When is an arrest unlawful? In New South Wales, police powers of arrest are governed by the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). An arrest generally requires the officer to hold a reasonable suspicion that the person has committed an offence, and to be satisfied the arrest is reasonably necessary. When those requirements are not met, the detention that follows can amount to false imprisonment. Our fact sheet on suing NSW police for false imprisonment explains this in more detail.
As the harm to our client was to her liberty and dignity, as well as a physical injury, we pursued damages that recognised both. We claimed aggravated and exemplary damages, which the law allows where conduct is high-handed or shows a disregard for a person’s rights.
Throughout, we kept our client informed and carried the fight to the State on her behalf, so that she was not left to relive that night any more than the proceedings required.
When a victim finds the courage to call the police after years of abuse, the response should be protection, not prosecution. Accountability matters – not only for our client, but for every victim who hesitates to seek help because they fear they won’t be believed.
– Anavi Arya, Civil Solicitor.
The Outcome
The matter finalised with a judgment for the plaintiff, and damages awarded to our client.
For her, the judgment did more than resolve a claim, it corrected the record. The judgment provided the vindication she had been denied and affirmed that what happened to her should never have occurred.
Read more of our civil law case studies.
When police are called to a family violence incident, correctly identifying who is at risk is critical. Where that assessment goes wrong, the person who reached out for help can end up arrested, charged, and subjected to an order, while the harm they reported goes unanswered.
Holding the State to account in these situations is not only about one person’s case. It is about the standard of care every person is entitled to expect when they call the police for protection. If you are worried about how a family violence matter was handled, our team can also advise on the civil remedies available to domestic violence victims.
*We always change the names and other identifiable details in case studies to protect client privacy.
Been Wrongly Arrested Or Detained By Police?
If you have been arrested or detained by police and you believe it was unlawful, you may be able to claim compensation from the State, separately from any criminal proceedings. Our civil team handles these matters with care and complete confidentiality.
Request a free, no-obligation initial chat via the form below, or call us on (02) 9261 4281.
